1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 336 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 20-24-7; IC 20-25.7-5-3; IC 20-26-7.1-1; |
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7 | 7 | | IC 20-29; IC 20-40; IC 20-46. |
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8 | 8 | | Synopsis: Property tax revenue shared with charter schools. Removes |
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9 | 9 | | and repeals provisions that require school corporations located in |
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10 | 10 | | certain counties to share operations fund property tax levy, operating |
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11 | 11 | | referendum tax levy, and school safety referendum tax levy funds with |
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12 | 12 | | charter schools. Makes conforming changes. |
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13 | 13 | | Effective: January 1, 2026. |
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14 | 14 | | Spencer |
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15 | 15 | | January 13, 2025, read first time and referred to Committee on Education and Career |
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16 | 16 | | Development. |
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17 | 17 | | 2025 IN 336—LS 6781/DI 110 Introduced |
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18 | 18 | | First Regular Session of the 124th General Assembly (2025) |
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19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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27 | 27 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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28 | 28 | | SENATE BILL No. 336 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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30 | 30 | | education. |
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31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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32 | 32 | | 1 SECTION 1. IC 20-24-7-6, AS AMENDED BY P.L.189-2023, |
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33 | 33 | | 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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34 | 34 | | 3 JANUARY 1, 2026]: Sec. 6. (a) With the approval of a majority of the |
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35 | 35 | | 4 members of the governing body, a school corporation may distribute a |
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36 | 36 | | 5 proportionate share of the school corporation's operations fund to a |
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37 | 37 | | 6 charter school. A charter school may elect to distribute a proportionate |
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38 | 38 | | 7 share of the charter school's operations fund to the school corporation |
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39 | 39 | | 8 in whose district the charter school is located. |
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40 | 40 | | 9 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, A |
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41 | 41 | | 10 governing body may distribute money that is received as part of a tax |
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42 | 42 | | 11 levy collected under IC 20-46-1 from the school corporation's |
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43 | 43 | | 12 education fund to a charter school, excluding a virtual charter school, |
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44 | 44 | | 13 in the manner provided by IC 20-46-1-8(e). IC 20-46-1-8(d). |
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45 | 45 | | 14 (c) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, A |
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46 | 46 | | 15 governing body may distribute money from the school safety |
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47 | 47 | | 16 referendum tax levy fund to a charter school, excluding a virtual |
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48 | 48 | | 17 charter school, in the manner prescribed by IC 20-46-9-6(b). |
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49 | 49 | | 2025 IN 336—LS 6781/DI 110 2 |
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50 | 50 | | 1 SECTION 2. IC 20-24-7-6.1 IS REPEALED [EFFECTIVE |
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51 | 51 | | 2 JANUARY 1, 2026]. Sec. 6.1. (a) This section applies to revenue |
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52 | 52 | | 3 collected after June 30, 2024, from a tax levy imposed under |
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53 | 53 | | 4 IC 20-46-8 by the governing body of a school corporation described in |
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54 | 54 | | 5 IC 20-46-8-11.2(a). |
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55 | 55 | | 6 (b) Beginning in calendar year 2025, and each year thereafter, the |
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56 | 56 | | 7 county auditor shall distribute money that is received as part of a tax |
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57 | 57 | | 8 levy collected under IC 20-46-8 to an eligible charter school, excluding |
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58 | 58 | | 9 a virtual charter school and adult high school, for deposit in the charter |
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59 | 59 | | 10 school's operations fund created under IC 20-40-18-1. The distributions |
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60 | 60 | | 11 shall be made at the same time that tax levy revenue is required to be |
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61 | 61 | | 12 distributed to school corporations. |
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62 | 62 | | 13 SECTION 3. IC 20-24-7-6.2 IS REPEALED [EFFECTIVE |
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63 | 63 | | 14 JANUARY 1, 2026]. Sec. 6.2. (a) This section applies to a levy |
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64 | 64 | | 15 resulting from a resolution to place a referendum on the ballot adopted |
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65 | 65 | | 16 by the governing body under IC 20-46-1-8, IC 20-46-1-8.5, |
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66 | 66 | | 17 IC 20-46-9-6, or IC 20-46-9-7 after May 10, 2023, for counties |
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67 | 67 | | 18 described in IC 20-46-1-21(a) and IC 20-46-9-22(a). |
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68 | 68 | | 19 (b) The county auditor in the county in which the applicable school |
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69 | 69 | | 20 corporation is located shall distribute money that is received as part of |
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70 | 70 | | 21 a tax levy collected under IC 20-46-1 to an applicable charter school, |
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71 | 71 | | 22 excluding a virtual charter school, in the manner provided by |
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72 | 72 | | 23 IC 20-46-1-21. |
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73 | 73 | | 24 (c) The county auditor in the county in which the applicable school |
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74 | 74 | | 25 corporation is located shall distribute money that is received as part of |
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75 | 75 | | 26 a tax levy collected under IC 20-46-9 to an applicable charter school, |
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76 | 76 | | 27 excluding a virtual charter school, in the manner prescribed by |
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77 | 77 | | 28 IC 20-46-9-22. |
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78 | 78 | | 29 (d) A charter school that may receive money from a school |
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79 | 79 | | 30 corporation's tax levy collected under IC 20-46-1 or a school safety |
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80 | 80 | | 31 referendum tax levy under IC 20-46-9 may not promote a position on |
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81 | 81 | | 32 a referendum in the same manner as a school corporation is prohibited |
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82 | 82 | | 33 from promoting a position on a referendum under IC 20-46-1-20. |
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83 | 83 | | 34 (e) If a charter school receives a distribution from a school |
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84 | 84 | | 35 corporation from the school corporation's tax levy collected under |
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85 | 85 | | 36 IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9, |
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86 | 86 | | 37 the charter school must post the following on the charter school's |
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87 | 87 | | 38 website: |
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88 | 88 | | 39 (1) The specific purposes for which the revenue received from the |
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89 | 89 | | 40 tax levy will be used. |
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90 | 90 | | 41 (2) An estimate of the annual dollar amounts that will be |
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91 | 91 | | 42 expended for each purpose described in subdivision (1). |
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92 | 92 | | 2025 IN 336—LS 6781/DI 110 3 |
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93 | 93 | | 1 SECTION 4. IC 20-25.7-5-3, AS AMENDED BY P.L.162-2024, |
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94 | 94 | | 2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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95 | 95 | | 3 JANUARY 1, 2026]: Sec. 3. (a) For as long as a charter school remains |
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96 | 96 | | 4 a participating innovation network charter school: |
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97 | 97 | | 5 (1) the school corporation may provide transportation for students |
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98 | 98 | | 6 attending the participating innovation network charter school; |
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99 | 99 | | 7 (2) the school corporation may maintain and repair the buildings |
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100 | 100 | | 8 and grounds used by the participating innovation network charter |
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101 | 101 | | 9 school consistent with the maintenance and repair to the school |
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102 | 102 | | 10 corporation's other buildings and grounds; |
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103 | 103 | | 11 (3) the school corporation may enter into an agreement to transfer |
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104 | 104 | | 12 the ownership of a school corporation facility to the organizer; |
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105 | 105 | | 13 and |
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106 | 106 | | 14 (4) the school corporation may not alter the use of the facility |
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107 | 107 | | 15 occupied by the participating innovation network charter school |
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108 | 108 | | 16 without agreement from the organizer. |
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109 | 109 | | 17 (b) If an organizer contracts with a school corporation for goods or |
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110 | 110 | | 18 services, the school corporation may not charge the organizer more for |
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111 | 111 | | 19 the goods or services than the school corporation pays for the goods or |
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112 | 112 | | 20 services. A school corporation may not require an organizer to contract |
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113 | 113 | | 21 for specific goods or services provided by the school corporation or any |
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114 | 114 | | 22 other entity. |
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115 | 115 | | 23 (c) A school corporation and an organizer may negotiate to require |
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116 | 116 | | 24 specific services with regard to a participating innovation network |
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117 | 117 | | 25 charter school during the term of an agreement. However, an organizer |
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118 | 118 | | 26 must be able to select the service provider for the services. |
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119 | 119 | | 27 (d) For as long as a charter school remains a participating |
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120 | 120 | | 28 innovation network charter school, the school corporation may |
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121 | 121 | | 29 distribute money levied as property taxes to the charter school. Property |
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122 | 122 | | 30 taxes distributed to a charter school must be used only for a purpose for |
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123 | 123 | | 31 which the property taxes could have been used by the school |
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124 | 124 | | 32 corporation. Property taxes distributed under this subsection may |
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125 | 125 | | 33 supplement services and property provided under subsection (a) or (b). |
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126 | 126 | | 34 The parties may jointly modify an agreement described in section 2 of |
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127 | 127 | | 35 this chapter to implement this subsection. |
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128 | 128 | | 36 (e) An agreement concerning the transfer of ownership of a school |
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129 | 129 | | 37 corporation facility described in subsection (a) is not subject to |
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130 | 130 | | 38 IC 20-26-7.1. |
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131 | 131 | | 39 (f) Unless an agreement entered into before July 1, 2024, between |
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132 | 132 | | 40 a board and an organizer provides otherwise, a school corporation may |
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133 | 133 | | 41 not charge an organizer an amount for goods and services that is |
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134 | 134 | | 42 greater than the amount of the operations fund property tax levy the |
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135 | 135 | | 2025 IN 336—LS 6781/DI 110 4 |
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136 | 136 | | 1 organizer receives under IC 20-46-8-11.2 for the participating |
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137 | 137 | | 2 innovation network charter school. |
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138 | 138 | | 3 SECTION 5. IC 20-26-7.1-1, AS AMENDED BY P.L.36-2024, |
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139 | 139 | | 4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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140 | 140 | | 5 JANUARY 1, 2026]: Sec. 1. (a) For purposes of this section, "charter |
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141 | 141 | | 6 school" does not include a virtual charter school or an adult high |
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142 | 142 | | 7 school. |
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143 | 143 | | 8 (b) This chapter does not apply to the following: |
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144 | 144 | | 9 (1) A school building that since July 1, 2011, is leased or loaned |
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145 | 145 | | 10 by the school corporation that owns the school building to another |
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146 | 146 | | 11 entity, if the entity is not a building corporation or other entity that |
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147 | 147 | | 12 is related in any way to, or created by, the school corporation or |
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148 | 148 | | 13 the governing body. |
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149 | 149 | | 14 (2) A school corporation to which all of the following apply: |
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150 | 150 | | 15 (A) The county auditor distributes revenue after May 10, 2023, |
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151 | 151 | | 16 as required under IC 20-46-1-21 to each charter school |
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152 | 152 | | 17 described in IC 20-46-1-21(b). |
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153 | 153 | | 18 (B) If the school corporation listed in IC 20-46-9-22 receives |
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154 | 154 | | 19 revenue from a school safety referendum tax levy under |
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155 | 155 | | 20 IC 20-46-9, the county auditor distributes revenue after May |
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156 | 156 | | 21 10, 2023, as required under IC 20-46-9-22 to each charter |
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157 | 157 | | 22 school described in IC 20-46-9-22(b). |
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158 | 158 | | 23 The above subdivisions are intended to apply retroactively. No |
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159 | 159 | | 24 referendums or distributed revenue prior to May 10, 2023, are |
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160 | 160 | | 25 effective to provide exemption from this chapter. |
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161 | 161 | | 26 (3) (2) A school corporation to which all of the following apply: |
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162 | 162 | | 27 (A) The school corporation approves a resolution after May |
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163 | 163 | | 28 10, 2023, to impose an operating referendum tax levy under |
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164 | 164 | | 29 IC 20-46-1 after May 10, 2023, that includes sharing the |
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165 | 165 | | 30 revenue from the referendum tax levy in the amounts |
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166 | 166 | | 31 described in clause (B) with each charter school that: |
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167 | 167 | | 32 (i) a student who resides within the attendance area of the |
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168 | 168 | | 33 school corporation attends; and |
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169 | 169 | | 34 (ii) elects to participate in the referendum. |
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170 | 170 | | 35 The above subdivisions are intended to apply retroactively. No |
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171 | 171 | | 36 resolutions, referendums, or distributed revenue prior to May 10, |
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172 | 172 | | 37 2023, are effective to provide exemption from this chapter. |
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173 | 173 | | 38 (B) The amount of referendum tax levy revenue that the school |
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174 | 174 | | 39 corporation is required to share with each charter school under |
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175 | 175 | | 40 the resolution described in clause (A) is equal to the amount |
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176 | 176 | | 41 determined applying the formula under IC 20-46-1-21(d). in |
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177 | 177 | | 42 the last STEP of the following STEPS: |
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178 | 178 | | 2025 IN 336—LS 6781/DI 110 5 |
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179 | 179 | | 1 STEP ONE: Determine, for each charter school, excluding |
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180 | 180 | | 2 virtual charter schools or adult high schools, that is eligible |
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181 | 181 | | 3 to receive a distribution, the number of students who |
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182 | 182 | | 4 reside within the attendance area of the school corporation |
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183 | 183 | | 5 who are currently included in the ADM of the charter |
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184 | 184 | | 6 school. |
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185 | 185 | | 7 STEP TWO: Determine the sum of: |
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186 | 186 | | 8 (A) the current ADM count for the school corporation; |
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187 | 187 | | 9 plus |
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188 | 188 | | 10 (B) total number of all students who reside within the |
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189 | 189 | | 11 attendance area of the school corporation who are |
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190 | 190 | | 12 currently included in the ADM of a charter school, |
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191 | 191 | | 13 excluding virtual charter schools or adult high schools. |
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192 | 192 | | 14 STEP THREE: Determine the result of: |
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193 | 193 | | 15 (A) the STEP ONE amount; divided by |
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194 | 194 | | 16 (B) the STEP TWO amount. |
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195 | 195 | | 17 STEP FOUR: Determine the result of: |
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196 | 196 | | 18 (A) the STEP THREE amount; multiplied by |
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197 | 197 | | 19 (B) the amount collected by the county auditor during |
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198 | 198 | | 20 the most recent installment period. |
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199 | 199 | | 21 (C) The referendum tax levy described in clause (A) is |
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200 | 200 | | 22 approved by the voters. |
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201 | 201 | | 23 (D) The school corporation distributes the amounts described |
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202 | 202 | | 24 in clause (B) to each charter school described in clause (A). |
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203 | 203 | | 25 (E) If the school corporation receives revenue from a school |
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204 | 204 | | 26 safety referendum tax levy under IC 20-46-9, the school |
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205 | 205 | | 27 corporation shares the revenue from the school safety |
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206 | 206 | | 28 referendum tax levy with each charter school that: |
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207 | 207 | | 29 (i) a student who resides within the attendance area of the |
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208 | 208 | | 30 school corporation attends; and |
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209 | 209 | | 31 (ii) elects to participate in the referendum; |
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210 | 210 | | 32 in an amount equal to the amount determined applying the |
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211 | 211 | | 33 formula under IC 20-46-9-22(d). subsection (d). |
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212 | 212 | | 34 (c) In order for any payment to a charter school to qualify as sharing |
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213 | 213 | | 35 of proceeds from a referendum for purposes of exemption from |
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214 | 214 | | 36 IC 20-26-7.1, this chapter, the referendum must have been passed with |
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215 | 215 | | 37 prior notice to voters of all amounts of referendum proceeds to be paid |
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216 | 216 | | 38 to charter schools. Any claim of exemption based on payment of |
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217 | 217 | | 39 proceeds from a referendum passed without such notice is void. |
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218 | 218 | | 40 (d) To meet the requirements under subsection (b)(2)(E), the |
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219 | 219 | | 41 school corporation must share the revenues from a school safety |
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220 | 220 | | 42 referendum tax levy with each charter school in the amount |
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221 | 221 | | 2025 IN 336—LS 6781/DI 110 6 |
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222 | 222 | | 1 determined in the last STEP of the following STEPS: |
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223 | 223 | | 2 STEP ONE: Determine, for each charter school described in |
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224 | 224 | | 3 subsection (b)(2)(E), excluding virtual charter schools or adult |
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225 | 225 | | 4 high schools, the number of students who reside within the |
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226 | 226 | | 5 attendance area of the school corporation who are currently |
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227 | 227 | | 6 included in the ADM of the charter school. |
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228 | 228 | | 7 STEP TWO: Determine the sum of: |
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229 | 229 | | 8 (A) the current ADM count for the school corporation; |
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230 | 230 | | 9 plus |
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231 | 231 | | 10 (B) the total number of students who reside within the |
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232 | 232 | | 11 attendance area of the school corporation who are |
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233 | 233 | | 12 currently included in the ADM of a charter school, |
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234 | 234 | | 13 excluding virtual charter schools or adult high schools. |
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235 | 235 | | 14 STEP THREE: Determine the result of: |
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236 | 236 | | 15 (A) the STEP ONE amount; divided by |
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237 | 237 | | 16 (B) the STEP TWO amount. |
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238 | 238 | | 17 STEP FOUR: Determine the result of: |
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239 | 239 | | 18 (A) the STEP THREE amount; multiplied by |
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240 | 240 | | 19 (B) the amount collected by the county auditor during the |
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241 | 241 | | 20 most recent installment period. |
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242 | 242 | | 21 SECTION 6. IC 20-29-2-6, AS AMENDED BY P.L.189-2023, |
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243 | 243 | | 22 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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244 | 244 | | 23 JANUARY 1, 2026]: Sec. 6. "Deficit financing" for a budget year: |
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245 | 245 | | 24 (1) means, except as provided in subdivision (2), actual |
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246 | 246 | | 25 expenditures exceeding the employer's current year actual |
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247 | 247 | | 26 education fund revenue and, for a school employer for which the |
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248 | 248 | | 27 voters have passed an operating referendum tax levy under |
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249 | 249 | | 28 IC 20-46-1 or a school safety referendum tax levy under |
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250 | 250 | | 29 IC 20-46-9, the amount of revenue certified by the department of |
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251 | 251 | | 30 local government finance, excluding any money required to be |
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252 | 252 | | 31 distributed to a charter school under as a result of compliance |
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253 | 253 | | 32 with IC 20-46-1-21 (before its repeal) or IC 20-46-9-22 (before |
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254 | 254 | | 33 its repeal); or |
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255 | 255 | | 34 (2) means, in the case of any distressed school corporation, the |
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256 | 256 | | 35 Gary Community School Corporation, or the Muncie Community |
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257 | 257 | | 36 school corporation, actual expenditures plus additional payments |
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258 | 258 | | 37 against any outstanding debt obligations exceeding the employer's |
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259 | 259 | | 38 current year actual education fund revenue, and, for a school |
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260 | 260 | | 39 employer for which the voters have passed an operating |
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261 | 261 | | 40 referendum tax levy under IC 20-46-1 or a school safety |
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262 | 262 | | 41 referendum tax levy under IC 20-46-9, excluding any money |
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263 | 263 | | 42 required to be distributed to a charter school under as a result of |
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264 | 264 | | 2025 IN 336—LS 6781/DI 110 7 |
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265 | 265 | | 1 compliance with IC 20-46-1-21 (before its repeal) or |
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266 | 266 | | 2 IC 20-46-9-22 (before its repeal), the amount of revenue |
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267 | 267 | | 3 certified by the department of local government finance. |
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268 | 268 | | 4 Except as provided in IC 20-29-6-3(c), revenue does not include money |
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269 | 269 | | 5 estimated to be or actually transferred from the school corporation's |
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270 | 270 | | 6 operations fund to its education fund. |
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271 | 271 | | 7 SECTION 7. IC 20-29-8-7, AS AMENDED BY P.L.189-2023, |
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272 | 272 | | 8 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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273 | 273 | | 9 JANUARY 1, 2026]: Sec. 7. (a) When a factfinder is requested or |
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274 | 274 | | 10 required under IC 20-29-6, the board shall appoint a factfinder. |
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275 | 275 | | 11 (b) The factfinder shall make an investigation and hold hearings as |
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276 | 276 | | 12 the factfinder considers necessary in connection with a dispute. |
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277 | 277 | | 13 (c) The factfinder: |
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278 | 278 | | 14 (1) may restrict the factfinder's findings to those issues that the |
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279 | 279 | | 15 factfinder determines significant; |
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280 | 280 | | 16 (2) must restrict the findings to the items listed in IC 20-29-6-4; |
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281 | 281 | | 17 and |
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282 | 282 | | 18 (3) may not impose terms beyond those proposed by the parties in |
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283 | 283 | | 19 their last, best offers. |
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284 | 284 | | 20 (d) The factfinder may use evidence furnished to the factfinder by: |
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285 | 285 | | 21 (1) the parties; |
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286 | 286 | | 22 (2) the board; |
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287 | 287 | | 23 (3) the board's staff; or |
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288 | 288 | | 24 (4) any other state agency. |
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289 | 289 | | 25 (e) The factfinder shall conduct the factfinding hearing in public in |
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290 | 290 | | 26 a room or facility owned by the county or local unit of government |
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291 | 291 | | 27 located in the county in which the school employer is located, or if the |
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292 | 292 | | 28 school employer is located in more than one (1) county, in the county |
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293 | 293 | | 29 in which the greatest number of students who attend the school |
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294 | 294 | | 30 employer's schools reside. The public hearing may begin not earlier |
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295 | 295 | | 31 than November 15 in the first year of the state budget biennium and |
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296 | 296 | | 32 must be concluded by February 15 of the calendar year after the start |
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297 | 297 | | 33 of formal collective bargaining. |
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298 | 298 | | 34 (f) The factfinding process may not exceed thirty (30) days from |
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299 | 299 | | 35 beginning to end, and not more than two (2) of those days may be used |
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300 | 300 | | 36 for public testimony, which may be taken at the discretion of the |
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301 | 301 | | 37 factfinder. During the public hearing, each party shall present fully its |
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302 | 302 | | 38 last, best offer, including the fiscal rationale for the offer. Only |
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303 | 303 | | 39 education fund revenue and, for a school employer for which the voters |
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304 | 304 | | 40 have passed an operating referendum tax levy under IC 20-46-1 or a |
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305 | 305 | | 41 school safety referendum tax levy under IC 20-46-9, the amount of |
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306 | 306 | | 42 revenue certified by the department of local government finance, |
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307 | 307 | | 2025 IN 336—LS 6781/DI 110 8 |
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308 | 308 | | 1 excluding any money required to be distributed to a charter school |
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309 | 309 | | 2 under as a result of compliance with IC 20-46-1-21 (before its |
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310 | 310 | | 3 repeal) or IC 20-46-9-22 (before its repeal), may be considered a |
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311 | 311 | | 4 source of the funding for items. Money estimated to be or actually |
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312 | 312 | | 5 transferred from the school corporation's operations fund to its |
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313 | 313 | | 6 education fund may not be considered a source of funding for items. |
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314 | 314 | | 7 (g) The factfinder shall make a recommendation as to the settlement |
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315 | 315 | | 8 of the disputes over which the factfinder has jurisdiction. |
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316 | 316 | | 9 (h) The factfinder shall: |
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317 | 317 | | 10 (1) make the investigation, hearing, and findings as expeditiously |
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318 | 318 | | 11 as the circumstances permit; and |
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319 | 319 | | 12 (2) deliver the findings to the parties and to the board. |
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320 | 320 | | 13 (i) The board, after receiving the findings and recommendations, |
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321 | 321 | | 14 may make additional findings and recommendations to the parties |
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322 | 322 | | 15 based on information in: |
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323 | 323 | | 16 (1) the report; or |
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324 | 324 | | 17 (2) the board's own possession. |
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325 | 325 | | 18 The board may not make any recommendations to the parties related to |
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326 | 326 | | 19 any items not specifically identified in IC 20-29-6-4. |
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327 | 327 | | 20 (j) At any time within five (5) days after the findings and |
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328 | 328 | | 21 recommendations are delivered to the board, the board may make the |
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329 | 329 | | 22 findings and recommendations of the factfinder and the board's |
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330 | 330 | | 23 additional findings and recommendations, if any, available to the |
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331 | 331 | | 24 public through news media and other means the board considers |
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332 | 332 | | 25 effective. |
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333 | 333 | | 26 (k) The board shall make the findings and recommendations |
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334 | 334 | | 27 described in subsection (j) available to the public not later than ten (10) |
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335 | 335 | | 28 days after the findings and recommendations are delivered to the board. |
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336 | 336 | | 29 SECTION 8. IC 20-40-2-2, AS AMENDED BY P.L.201-2023, |
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337 | 337 | | 30 SECTION 181, IS AMENDED TO READ AS FOLLOWS |
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338 | 338 | | 31 [EFFECTIVE JANUARY 1, 2026]: Sec. 2. (a) The governing body of |
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339 | 339 | | 32 each school corporation shall establish an education fund for the |
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340 | 340 | | 33 payment of expenses that are allocated to student instruction and |
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341 | 341 | | 34 learning under IC 20-42.5. |
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342 | 342 | | 35 (b) The governing body of a charter school that receives a |
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343 | 343 | | 36 distribution of revenue received from a tax levy under IC 20-46-8-11.2 |
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344 | 344 | | 37 (before its repeal) shall establish an education fund for the payment |
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345 | 345 | | 38 of expenses that are allocated to student instruction and learning under |
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346 | 346 | | 39 IC 20-42.5. |
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347 | 347 | | 40 SECTION 9. IC 20-40-3-5, AS AMENDED BY P.L.189-2023, |
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348 | 348 | | 41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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349 | 349 | | 42 JANUARY 1, 2026]: Sec. 5. (a) Money in the fund may be used for any |
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350 | 350 | | 2025 IN 336—LS 6781/DI 110 9 |
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351 | 351 | | 1 lawful school expenses, including making a transfer to the school |
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352 | 352 | | 2 corporation's education fund (IC 20-40-2) or operations fund (IC |
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353 | 353 | | 3 20-40-18). |
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354 | 354 | | 4 (b) Except as provided in IC 20-46-1-21, A school corporation may |
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355 | 355 | | 5 distribute proceeds of a tax levy collected under IC 20-46-1 that is |
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356 | 356 | | 6 transferred to the school corporation's education fund to a charter |
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357 | 357 | | 7 school, excluding a virtual charter school, that is located within the |
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358 | 358 | | 8 attendance area of the school corporation. |
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359 | 359 | | 9 SECTION 10. IC 20-40-18-1, AS AMENDED BY P.L.201-2023, |
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360 | 360 | | 10 SECTION 185, IS AMENDED TO READ AS FOLLOWS |
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361 | 361 | | 11 [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) The governing body of |
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362 | 362 | | 12 each school corporation shall create an operations fund to be used by |
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363 | 363 | | 13 the school corporation after December 31, 2018. |
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364 | 364 | | 14 (b) The governing body of each charter school that receives a |
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365 | 365 | | 15 distribution of revenue received from a tax levy under IC 20-46-8-11.2 |
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366 | 366 | | 16 (before its repeal) shall create an operations fund to be used by the |
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367 | 367 | | 17 charter school after December 31, 2024. |
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368 | 368 | | 18 SECTION 11. IC 20-40-18-2, AS AMENDED BY P.L.201-2023, |
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369 | 369 | | 19 SECTION 186, IS AMENDED TO READ AS FOLLOWS |
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370 | 370 | | 20 [EFFECTIVE JANUARY 1, 2026]: Sec. 2. (a) The operations fund |
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371 | 371 | | 21 shall be used to deposit the following after December 31, 2018, in the |
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372 | 372 | | 22 case of a school corporation: |
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373 | 373 | | 23 (1) Revenue from the school corporation's operations fund |
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374 | 374 | | 24 property tax levy under IC 20-46-8. |
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375 | 375 | | 25 (2) The sum of the following excise tax revenue received for |
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376 | 376 | | 26 deposit in the fund in the calendar year in which the school year |
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377 | 377 | | 27 begins: |
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378 | 378 | | 28 (A) Financial institutions excise tax (IC 6-5.5). |
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379 | 379 | | 29 (B) Motor vehicle excise taxes (IC 6-6-5). |
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380 | 380 | | 30 (C) Commercial vehicle excise taxes (IC 6-6-5.5). |
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381 | 381 | | 31 (D) Boat excise tax (IC 6-6-11). |
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382 | 382 | | 32 (E) Aircraft license excise tax (IC 6-6-6.5). |
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383 | 383 | | 33 (3) Transfers from the education fund (IC 20-40-2) or the |
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384 | 384 | | 34 operating referendum tax levy fund (IC 20-40-3), if any. |
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385 | 385 | | 35 (4) Allocations of local income taxes to the school corporation |
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386 | 386 | | 36 under IC 6-3.6-6, if any. |
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387 | 387 | | 37 (b) The operations fund shall be used to deposit amounts distributed |
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388 | 388 | | 38 to the charter school under IC 20-46-8-11.2 (before its repeal) after |
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389 | 389 | | 39 December 31, 2024. |
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390 | 390 | | 40 SECTION 12. IC 20-40-18-10.5, AS ADDED BY P.L.201-2023, |
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391 | 391 | | 41 SECTION 187, IS AMENDED TO READ AS FOLLOWS |
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392 | 392 | | 42 [EFFECTIVE JANUARY 1, 2026]: Sec. 10.5. (a) This section applies |
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393 | 393 | | 2025 IN 336—LS 6781/DI 110 10 |
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394 | 394 | | 1 only to eligible charter schools that receive amounts distributed under |
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395 | 395 | | 2 IC 20-46-8-11.2 (before its repeal). |
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396 | 396 | | 3 (b) For purposes of this section, "charter board" means the |
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397 | 397 | | 4 governing body of the organizer (as defined in IC 20-24-1-7) of an |
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398 | 398 | | 5 eligible charter school. |
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399 | 399 | | 6 (c) The operations fund may be used only to do the following: |
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400 | 400 | | 7 (1) Carry out a capital projects plan under the following |
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401 | 401 | | 8 conditions: |
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402 | 402 | | 9 (A) The plan must include all proposed expenditures that |
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403 | 403 | | 10 exceed ten thousand dollars ($10,000) and are for: |
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404 | 404 | | 11 (i) capital assets; or |
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405 | 405 | | 12 (ii) projects that are considered capital in nature, including |
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406 | 406 | | 13 technology related projects. |
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407 | 407 | | 14 (B) If a charter school wants to use money in the operations |
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408 | 408 | | 15 fund during the year to pay for any items listed in clause (E) |
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409 | 409 | | 16 that are considered capital in nature, the charter board must |
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410 | 410 | | 17 approve a plan following a public hearing. The charter school |
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411 | 411 | | 18 shall post the proposed plan or proposed amended plan on the |
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412 | 412 | | 19 charter school's website before the hearing. The charter school |
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413 | 413 | | 20 shall submit the proposed capital projects plan to the |
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414 | 414 | | 21 department of local government finance's computer gateway |
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415 | 415 | | 22 at least ten (10) days before the public hearing. The |
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416 | 416 | | 23 department of local government finance shall make the |
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417 | 417 | | 24 proposed plan available at least ten (10) days before the |
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418 | 418 | | 25 hearing, through the department's computer gateway. If an |
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419 | 419 | | 26 amendment to a capital projects plan is proposed, the charter |
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420 | 420 | | 27 board must declare the nature of and need for the amendment |
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421 | 421 | | 28 in the plan amendment. |
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422 | 422 | | 29 (C) If a charter board adopts a plan under clause (B), the |
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423 | 423 | | 30 charter school must then submit the plan to the department of |
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424 | 424 | | 31 local government finance for inclusion on the department's |
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425 | 425 | | 32 computer gateway not later than thirty (30) days after adoption |
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426 | 426 | | 33 of the plan. The department of local government finance shall |
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427 | 427 | | 34 immediately make the proposed plan available through the |
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428 | 428 | | 35 gateway website. |
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429 | 429 | | 36 (D) This clause applies to an amendment to a plan that is |
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430 | 430 | | 37 required because of an emergency that results in costs that |
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431 | 431 | | 38 exceed the amount accumulated in the fund for repair, |
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432 | 432 | | 39 replacement, or site acquisition that is necessitated by an |
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433 | 433 | | 40 emergency. The charter board is not required to comply with |
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434 | 434 | | 41 clause (C). If the charter board determines that an emergency |
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435 | 435 | | 42 exists, the governing body may adopt an amendment to the |
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436 | 436 | | 2025 IN 336—LS 6781/DI 110 11 |
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437 | 437 | | 1 plan. An amendment to a plan is not subject to the deadline |
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438 | 438 | | 2 and procedures for adoption of a plan described in this |
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439 | 439 | | 3 subdivision. |
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440 | 440 | | 4 (E) This clause sets forth an exclusive list of the expenditures |
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441 | 441 | | 5 that may be made from the operations fund under clause (B), |
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442 | 442 | | 6 as set forth in the charter board's plan or amended plan. |
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443 | 443 | | 7 Subject to the expenditures that are identified in the charter |
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444 | 444 | | 8 school's plan or amended plan, the operations fund shall be |
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445 | 445 | | 9 used for the following: |
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446 | 446 | | 10 (i) Site acquisition. |
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447 | 447 | | 11 (ii) Site development. |
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448 | 448 | | 12 (iii) Building acquisition, construction, replacement, |
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449 | 449 | | 13 renovation, remodeling, improvement, and maintenance, |
---|
450 | 450 | | 14 including building materials and employment services. |
---|
451 | 451 | | 15 (iv) Rental of real estate, buildings, facilities, and |
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452 | 452 | | 16 equipment. |
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453 | 453 | | 17 (v) To repair and replace buildings and to repair and replace |
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454 | 454 | | 18 building fixtures that are owned or leased by the charter |
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455 | 455 | | 19 school and of a type constituting loss capable of being |
---|
456 | 456 | | 20 covered by casualty insurance. |
---|
457 | 457 | | 21 (vi) Purchase, lease, repair, or maintenance of equipment, |
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458 | 458 | | 22 including maintenance vehicles to be used by the charter |
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459 | 459 | | 23 school. However, the fund may not be used to pay for the |
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460 | 460 | | 24 purchase, lease, repair, or maintenance of vehicles that are |
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461 | 461 | | 25 not maintenance vehicles, or equipment to be used primarily |
---|
462 | 462 | | 26 for interscholastic or extracurricular activities. |
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463 | 463 | | 27 (vii) Service contracts for janitorial and custodial services, |
---|
464 | 464 | | 28 maintenance services, snow and ice removal services, trash |
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465 | 465 | | 29 removal services, mowing and lawn care services, pest |
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466 | 466 | | 30 control services, and any other routine services normally |
---|
467 | 467 | | 31 required in the maintenance or upkeep of charter school |
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468 | 468 | | 32 facilities. |
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469 | 469 | | 33 (viii) Repair, replacement, or site acquisition that is |
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470 | 470 | | 34 necessitated by an emergency. |
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471 | 471 | | 35 (ix) Construction, repair, replacement, remodeling, or |
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472 | 472 | | 36 maintenance of a school sports facility. |
---|
473 | 473 | | 37 (x) Utilities. |
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474 | 474 | | 38 (xi) Property and casualty insurance. |
---|
475 | 475 | | 39 (xii) Purchase, lease, upgrade, maintenance, or repair |
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476 | 476 | | 40 technology that will not be allocated to student instruction |
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477 | 477 | | 41 and learning, to include computer hardware, computer |
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478 | 478 | | 42 software, wiring and computer networks, and |
---|
479 | 479 | | 2025 IN 336—LS 6781/DI 110 12 |
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480 | 480 | | 1 communication access systems used to connect with |
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481 | 481 | | 2 computer networks or electronic gateways; services of |
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482 | 482 | | 3 full-time or part-time computer maintenance employees; |
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483 | 483 | | 4 conducting nonrecurring inservice technology training of |
---|
484 | 484 | | 5 school employees; implementing the technology preparation |
---|
485 | 485 | | 6 curriculum; participating in a program to provide |
---|
486 | 486 | | 7 educational technologies, including computers in the homes |
---|
487 | 487 | | 8 of students (commonly referred to as "the buddy system |
---|
488 | 488 | | 9 project") under IC 20-20-13-6, the 4R's technology program, |
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489 | 489 | | 10 or any other program under the educational technology |
---|
490 | 490 | | 11 program described in IC 20-20-13; and obtaining any |
---|
491 | 491 | | 12 combination of equipment or services in the preceding two |
---|
492 | 492 | | 13 (2) categories of this item. |
---|
493 | 493 | | 14 (xiii) Services of charter school employees who perform |
---|
494 | 494 | | 15 services considered to be a skilled trade by the United States |
---|
495 | 495 | | 16 Department of Labor, Employment and Training |
---|
496 | 496 | | 17 Administration. For purposes of this item, skilled trade |
---|
497 | 497 | | 18 services do not include janitorial or comparable routine |
---|
498 | 498 | | 19 services normally provided in the daily operation of school |
---|
499 | 499 | | 20 facilities or equipment. Payment may be made for employee |
---|
500 | 500 | | 21 services only if the employees perform construction of, |
---|
501 | 501 | | 22 renovation of, remodeling of, repair of, or maintenance on |
---|
502 | 502 | | 23 the facilities and equipment of the charter school. |
---|
503 | 503 | | 24 (2) Pay transportation costs under the following conditions: |
---|
504 | 504 | | 25 (A) A charter school shall use the operations fund to pay the |
---|
505 | 505 | | 26 transportation costs attributable to transportation of school |
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506 | 506 | | 27 children as specified in clause (B). |
---|
507 | 507 | | 28 (B) Only the following costs are payable from the fund: |
---|
508 | 508 | | 29 (i) Salaries paid to bus drivers, transportation supervisors, |
---|
509 | 509 | | 30 mechanics and garage employees, clerks, and other |
---|
510 | 510 | | 31 transportation related employees. |
---|
511 | 511 | | 32 (ii) Contracted transportation services. |
---|
512 | 512 | | 33 (iii) Wages of independent contractors. |
---|
513 | 513 | | 34 (iv) Contracts with common carriers. |
---|
514 | 514 | | 35 (v) Student fares. |
---|
515 | 515 | | 36 (vi) Transportation related insurance. |
---|
516 | 516 | | 37 (vii) Other expenses of operating the school corporation's |
---|
517 | 517 | | 38 transportation service, including gasoline, lubricants, tires, |
---|
518 | 518 | | 39 repairs, contracted repairs, parts, supplies, equipment, and |
---|
519 | 519 | | 40 other related expenses. |
---|
520 | 520 | | 41 (C) Percentages or parts of salaries of teaching personnel or |
---|
521 | 521 | | 42 principals are not attributable to transportation. However, parts |
---|
522 | 522 | | 2025 IN 336—LS 6781/DI 110 13 |
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523 | 523 | | 1 of salaries of instructional aides who are assigned to assist |
---|
524 | 524 | | 2 with the school transportation program are attributable to |
---|
525 | 525 | | 3 transportation. The costs described in this clause (other than |
---|
526 | 526 | | 4 instructional aide costs) may not be budgeted for payment or |
---|
527 | 527 | | 5 paid from the fund. |
---|
528 | 528 | | 6 (D) Costs for a calendar year are those costs attributable to |
---|
529 | 529 | | 7 transportation for students during the school year ending in the |
---|
530 | 530 | | 8 calendar year. |
---|
531 | 531 | | 9 (3) Carry out a school bus replacement plan approved by the |
---|
532 | 532 | | 10 charter school board under the following conditions: |
---|
533 | 533 | | 11 (A) Before a charter school may use money in the operations |
---|
534 | 534 | | 12 fund for replacing school buses, a resolution approving the |
---|
535 | 535 | | 13 school bus replacement plan or amended plan must be |
---|
536 | 536 | | 14 submitted to the department of local government finance. |
---|
537 | 537 | | 15 (B) The department of local government finance shall |
---|
538 | 538 | | 16 prescribe the format of the plan. A plan must apply to at least |
---|
539 | 539 | | 17 the five (5) budget years immediately following the year the |
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540 | 540 | | 18 plan is adopted and include at least an estimate for each year |
---|
541 | 541 | | 19 to which it applies of the nature and amount of proposed |
---|
542 | 542 | | 20 expenditures from the fund, and if the school corporation is |
---|
543 | 543 | | 21 seeking to acquire or contract for transportation services that |
---|
544 | 544 | | 22 will provide additional school buses or school buses with a |
---|
545 | 545 | | 23 larger seating capacity as compared with the number and type |
---|
546 | 546 | | 24 of school buses from the prior school year, evidence of a |
---|
547 | 547 | | 25 demand for increased transportation services within the school |
---|
548 | 548 | | 26 corporation. However, the evidence requirement regarding a |
---|
549 | 549 | | 27 contract for transportation services does not apply if contracted |
---|
550 | 550 | | 28 transportation services are not paid from the fund. |
---|
551 | 551 | | 29 (C) If the charter school is seeking to require a contractor to |
---|
552 | 552 | | 30 replace a school bus, evidence that the need exists for the |
---|
553 | 553 | | 31 replacement of the school bus. This clause does not apply if |
---|
554 | 554 | | 32 contracted transportation services are not paid from the |
---|
555 | 555 | | 33 operations fund. |
---|
556 | 556 | | 34 (D) Evidence that the charter school that seeks to acquire |
---|
557 | 557 | | 35 additional school buses under this subdivision is acquiring or |
---|
558 | 558 | | 36 contracting for the school buses only for the purposes |
---|
559 | 559 | | 37 specified in clause (B) or for replacement purposes. |
---|
560 | 560 | | 38 (E) If a charter school wants to use money in the operations |
---|
561 | 561 | | 39 fund during the year to pay for school bus replacement, the |
---|
562 | 562 | | 40 governing body must adopt a resolution approving the bus |
---|
563 | 563 | | 41 replacement plan or amended plan. The charter school shall |
---|
564 | 564 | | 42 post the proposed plan or proposed amended plan on the |
---|
565 | 565 | | 2025 IN 336—LS 6781/DI 110 14 |
---|
566 | 566 | | 1 charter school's website before the hearing. The governing |
---|
567 | 567 | | 2 body must hold a hearing on the adoption of the plan. The |
---|
568 | 568 | | 3 charter school shall submit the proposed school bus |
---|
569 | 569 | | 4 replacement plan or amended plan to the department of local |
---|
570 | 570 | | 5 government finance's computer gateway at least ten (10) days |
---|
571 | 571 | | 6 before the hearing on the adoption of the plan. The department |
---|
572 | 572 | | 7 of local government finance shall make the proposed plan |
---|
573 | 573 | | 8 available to taxpayers, at least ten (10) days before the hearing, |
---|
574 | 574 | | 9 through the department's computer gateway. If an amendment |
---|
575 | 575 | | 10 to a bus replacement plan is being proposed, the charter school |
---|
576 | 576 | | 11 must declare the nature of and the need for the amendment in |
---|
577 | 577 | | 12 the resolution to adopt the amendment to the plan. |
---|
578 | 578 | | 13 (4) Pay expenses that are allocated to overhead and operational |
---|
579 | 579 | | 14 expenditures. |
---|
580 | 580 | | 15 (5) Establish, maintain, and equip a public playground. |
---|
581 | 581 | | 16 SECTION 13. IC 20-40-20-6, AS AMENDED BY P.L.189-2023, |
---|
582 | 582 | | 17 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
583 | 583 | | 18 JANUARY 1, 2026]: Sec. 6. (a) Subject to subsections (c) and (d), |
---|
584 | 584 | | 19 money in the fund may be used only for the following purposes: |
---|
585 | 585 | | 20 (1) To employ or compensate a school resource officer or school |
---|
586 | 586 | | 21 resource officers. |
---|
587 | 587 | | 22 (2) To establish or fund a school safety office. |
---|
588 | 588 | | 23 (3) To conduct a threat assessment of a school building. |
---|
589 | 589 | | 24 (4) To create or update a school safety plan. |
---|
590 | 590 | | 25 (5) To develop or update school emergency response systems. |
---|
591 | 591 | | 26 (6) To purchase equipment to improve the safety of a school |
---|
592 | 592 | | 27 building, school grounds, or school buses. |
---|
593 | 593 | | 28 (7) To pay capital expenses to improve the safety of a school |
---|
594 | 594 | | 29 building. |
---|
595 | 595 | | 30 (8) To establish and administer programs to address youth |
---|
596 | 596 | | 31 specific mental illness, addiction, anger management, bullying, |
---|
597 | 597 | | 32 and school violence. |
---|
598 | 598 | | 33 (9) To develop and administer professional development |
---|
599 | 599 | | 34 programs for teachers, administrators, and other school employees |
---|
600 | 600 | | 35 designed to improve school safety and reduce violence. |
---|
601 | 601 | | 36 (b) Except as provided in IC 20-46-9-22, A school corporation may |
---|
602 | 602 | | 37 distribute, with the approval of the majority of members of the |
---|
603 | 603 | | 38 governing body, a portion of the proceeds of a tax levy collected under |
---|
604 | 604 | | 39 IC 20-46-9 that is deposited in the fund to a charter school, excluding |
---|
605 | 605 | | 40 a virtual charter school, that is located within the attendance area of the |
---|
606 | 606 | | 41 school corporation, to be used by the charter school for the purposes |
---|
607 | 607 | | 42 described in subsection (a). |
---|
608 | 608 | | 2025 IN 336—LS 6781/DI 110 15 |
---|
609 | 609 | | 1 (c) Expenditures paid using money collected from the levy shall be |
---|
610 | 610 | | 2 included in a school's safety plan. |
---|
611 | 611 | | 3 (d) Local law enforcement shall participate in: |
---|
612 | 612 | | 4 (1) development of a school safety plan; |
---|
613 | 613 | | 5 (2) development or updates to school emergency response |
---|
614 | 614 | | 6 systems; and |
---|
615 | 615 | | 7 (3) determination of capital expenses that would improve the |
---|
616 | 616 | | 8 safety of a school building. |
---|
617 | 617 | | 9 (e) Money in the fund may be transferred to the school corporation's |
---|
618 | 618 | | 10 education fund (IC 20-40-2), operations fund (IC 20-40-18), or school |
---|
619 | 619 | | 11 safety referendum debt service fund (IC 20-40-21), as applicable, to |
---|
620 | 620 | | 12 pay for expenditures listed in subsection (a). |
---|
621 | 621 | | 13 SECTION 14. IC 20-46-1-8, AS AMENDED BY P.L.162-2024, |
---|
622 | 622 | | 14 SECTION 25, AND AS AMENDED BY P.L.36-2024, SECTION 10, |
---|
623 | 623 | | 15 AND AS AMENDED BY P.L.104-2024, SECTION 51, AND AS |
---|
624 | 624 | | 16 AMENDED BY THE TECHNICAL CORRECTIONS BILL OF THE |
---|
625 | 625 | | 17 2025 GENERAL ASSEMBLY, IS CORRECTED AND AMENDED |
---|
626 | 626 | | 18 TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 8. |
---|
627 | 627 | | 19 (a) Subject to subsections (c), (d), and (e) (f), and (g) and this chapter, |
---|
628 | 628 | | 20 the governing body of a school corporation may adopt a resolution to |
---|
629 | 629 | | 21 place a referendum under this chapter on the ballot for any of the |
---|
630 | 630 | | 22 following purposes: |
---|
631 | 631 | | 23 (1) The governing body of the school corporation determines that |
---|
632 | 632 | | 24 it cannot, in a calendar year, carry out its public educational duty |
---|
633 | 633 | | 25 unless it imposes a referendum tax levy under this chapter. |
---|
634 | 634 | | 26 (2) The governing body of the school corporation determines that |
---|
635 | 635 | | 27 a referendum tax levy under this chapter should be imposed to |
---|
636 | 636 | | 28 replace property tax revenue that the school corporation will not |
---|
637 | 637 | | 29 receive because of the application of the credit under |
---|
638 | 638 | | 30 IC 6-1.1-20.6. |
---|
639 | 639 | | 31 (3) Except for resolutions described in subsection (b), The |
---|
640 | 640 | | 32 governing body makes the determination required under |
---|
641 | 641 | | 33 subdivision (1) or (2) and determines to share a portion of the |
---|
642 | 642 | | 34 referendum proceeds with a charter school, excluding a virtual |
---|
643 | 643 | | 35 charter school, in the manner prescribed in subsection (e). (d). |
---|
644 | 644 | | 36 (b) A resolution for a referendum for a county described in section |
---|
645 | 645 | | 37 21 of this chapter that is adopted after May 10, 2023, shall specify that |
---|
646 | 646 | | 38 a portion of the proceeds collected from the proposed levy will be |
---|
647 | 647 | | 39 distributed to applicable charter schools in the manner described under |
---|
648 | 648 | | 40 section 21 of this chapter. |
---|
649 | 649 | | 41 (c) (b) The governing body of the school corporation shall certify a |
---|
650 | 650 | | 42 copy of the resolution to place a referendum on the ballot to the |
---|
651 | 651 | | 2025 IN 336—LS 6781/DI 110 16 |
---|
652 | 652 | | 1 following: |
---|
653 | 653 | | 2 (1) The department of local government finance, including: |
---|
654 | 654 | | 3 (A) the language for the question required by section 10 of this |
---|
655 | 655 | | 4 chapter, or in the case of a resolution to extend a referendum |
---|
656 | 656 | | 5 levy certified to the department of local government finance |
---|
657 | 657 | | 6 after March 15, 2016, section 10.1 of this chapter; and |
---|
658 | 658 | | 7 (B) a copy of the revenue spending plan adopted under |
---|
659 | 659 | | 8 subsection (g). (e). |
---|
660 | 660 | | 9 The language of the public question must include the estimated |
---|
661 | 661 | | 10 average percentage increases certified by the county auditor under |
---|
662 | 662 | | 11 section 10(e) or 10.1(f) of this chapter, as applicable. The |
---|
663 | 663 | | 12 governing body of the school corporation shall also provide the |
---|
664 | 664 | | 13 county auditor's certification described in section 10(e) or 10.1(f) |
---|
665 | 665 | | 14 of this chapter, as applicable. The department of local government |
---|
666 | 666 | | 15 finance shall post the values certified by the county auditor to the |
---|
667 | 667 | | 16 department's website. The department shall review the language |
---|
668 | 668 | | 17 for compliance with section 10 or 10.1 of this chapter, whichever |
---|
669 | 669 | | 18 is applicable, and either approve or reject the language. The |
---|
670 | 670 | | 19 department shall send its decision to the governing body of the |
---|
671 | 671 | | 20 school corporation not more than ten (10) days after both the |
---|
672 | 672 | | 21 certification of the county auditor described in section 10(e) or |
---|
673 | 673 | | 22 10.1(f) of this chapter, as applicable, and the resolution is are |
---|
674 | 674 | | 23 submitted to the department. If the language is approved, the |
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675 | 675 | | 24 governing body of the school corporation shall certify a copy of |
---|
676 | 676 | | 25 the resolution, including the language for the question and the |
---|
677 | 677 | | 26 department's approval. |
---|
678 | 678 | | 27 (2) The county fiscal body of each county in which the school |
---|
679 | 679 | | 28 corporation is located (for informational purposes only). |
---|
680 | 680 | | 29 (3) The circuit court clerk of each county in which the school |
---|
681 | 681 | | 30 corporation is located. |
---|
682 | 682 | | 31 (d) (c) If a school safety referendum tax levy under IC 20-46-9 has |
---|
683 | 683 | | 32 been approved by the voters in a school corporation at any time in the |
---|
684 | 684 | | 33 previous three (3) years, the school corporation may not: |
---|
685 | 685 | | 34 (1) adopt a resolution to place a referendum under this chapter on |
---|
686 | 686 | | 35 the ballot; or |
---|
687 | 687 | | 36 (2) otherwise place a referendum under this chapter on the ballot. |
---|
688 | 688 | | 37 (e) Except as provided in section 21 of this chapter, (d) The |
---|
689 | 689 | | 38 resolution described in subsection (a) must indicate whether proceeds |
---|
690 | 690 | | 39 in the school corporation's education fund collected from a tax levy |
---|
691 | 691 | | 40 under this chapter will be used to provide a distribution to a charter |
---|
692 | 692 | | 41 school or charter schools, excluding a virtual charter school, under |
---|
693 | 693 | | 42 IC 20-40-3-5 as well as the amount that will be distributed to the |
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694 | 694 | | 2025 IN 336—LS 6781/DI 110 17 |
---|
695 | 695 | | 1 particular charter school or charter schools. A school corporation may |
---|
696 | 696 | | 2 request from the designated charter school or charter schools any |
---|
697 | 697 | | 3 financial documentation necessary to demonstrate the financial need of |
---|
698 | 698 | | 4 the charter school or charter schools. Distribution to a charter school |
---|
699 | 699 | | 5 of proceeds from a referendum held before May 10, 2023, does not |
---|
700 | 700 | | 6 provide exemption from this chapter. |
---|
701 | 701 | | 7 (f) This subsection applies to a resolution described in subsection |
---|
702 | 702 | | 8 (a) for a county described in section 21(a) of this chapter that is |
---|
703 | 703 | | 9 adopted after May 10, 2023. The resolution described in subsection (a) |
---|
704 | 704 | | 10 shall include a projection of the amount that the school corporation |
---|
705 | 705 | | 11 expects to be distributed to a particular charter school, excluding |
---|
706 | 706 | | 12 virtual charter schools or adult high schools, under section 21 of this |
---|
707 | 707 | | 13 chapter if the charter school voluntarily elects to participate in the |
---|
708 | 708 | | 14 referendum in the manner described in subsection (i). At least sixty |
---|
709 | 709 | | 15 (60) days before the resolution described in subsection (a) is voted on |
---|
710 | 710 | | 16 by the governing body, the school corporation shall contact the |
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711 | 711 | | 17 department to determine the number of students in kindergarten |
---|
712 | 712 | | 18 through grade 12 who have legal settlement in the school corporation |
---|
713 | 713 | | 19 but attend a charter school, excluding virtual charter schools or adult |
---|
714 | 714 | | 20 high schools, and who receive not more than fifty percent (50%) virtual |
---|
715 | 715 | | 21 instruction. The department shall provide the school corporation with |
---|
716 | 716 | | 22 the number of students with legal settlement in the school corporation |
---|
717 | 717 | | 23 who attend a charter school and who receive not more than fifty percent |
---|
718 | 718 | | 24 (50%) virtual instruction, which shall be disaggregated for each |
---|
719 | 719 | | 25 particular charter school, excluding a virtual charter school or adult |
---|
720 | 720 | | 26 high school. The projection may include an expected increase in |
---|
721 | 721 | | 27 charter schools during the term the levy is imposed under this chapter. |
---|
722 | 722 | | 28 The department of local government finance shall prescribe the manner |
---|
723 | 723 | | 29 in which the projection shall be calculated. The governing body shall |
---|
724 | 724 | | 30 take into consideration the projection when adopting the revenue |
---|
725 | 725 | | 31 spending plan under subsection (g). |
---|
726 | 726 | | 32 (g) (e) As part of the resolution described in subsection (a), the |
---|
727 | 727 | | 33 governing body of the school corporation shall adopt a revenue |
---|
728 | 728 | | 34 spending plan for the proposed referendum tax levy that includes: |
---|
729 | 729 | | 35 (1) an estimate of the amount of annual revenue expected to be |
---|
730 | 730 | | 36 collected if a levy is imposed under this chapter; |
---|
731 | 731 | | 37 (2) the specific purposes for which the revenue collected from a |
---|
732 | 732 | | 38 levy imposed under this chapter will be used; and |
---|
733 | 733 | | 39 (3) an estimate of the annual dollar amounts that will be expended |
---|
734 | 734 | | 40 for each purpose described in subdivision (2). and |
---|
735 | 735 | | 41 (4) for a resolution for a referendum that is adopted after May 10, |
---|
736 | 736 | | 42 2023, for a county described in section 21(a) of this chapter, the |
---|
737 | 737 | | 2025 IN 336—LS 6781/DI 110 18 |
---|
738 | 738 | | 1 projected revenue that shall be distributed to charter schools as |
---|
739 | 739 | | 2 provided in subsections (f) and (i). The revenue spending plan |
---|
740 | 740 | | 3 shall also take into consideration deviations in the proposed |
---|
741 | 741 | | 4 revenue spending plan if the actual charter school distributions |
---|
742 | 742 | | 5 exceed or are lower than the projected charter school distributions |
---|
743 | 743 | | 6 described in subsection (f). The resolution shall include for each |
---|
744 | 744 | | 7 charter school that elects to participate under subsection (i) |
---|
745 | 745 | | 8 information described in subdivisions (1) through (3). |
---|
746 | 746 | | 9 (h) (f) A school corporation shall specify in its proposed budget the |
---|
747 | 747 | | 10 school corporation's revenue spending plan adopted under subsection |
---|
748 | 748 | | 11 (g) (e) and annually present the revenue spending plan at its public |
---|
749 | 749 | | 12 hearing on the proposed budget under IC 6-1.1-17-3. |
---|
750 | 750 | | 13 (i) This subsection applies to a resolution described in subsection |
---|
751 | 751 | | 14 (a) for a county described in section 21(a) of this chapter that is |
---|
752 | 752 | | 15 adopted after May 10, 2023. At least forty-five (45) days before the |
---|
753 | 753 | | 16 resolution described in subsection (a) is voted on by the governing |
---|
754 | 754 | | 17 body, the school corporation shall contact each charter school, |
---|
755 | 755 | | 18 excluding virtual charter schools or adult high schools, disclosed by the |
---|
756 | 756 | | 19 department to the school corporation under subsection (f) to determine |
---|
757 | 757 | | 20 whether the charter school will participate in the referendum. The |
---|
758 | 758 | | 21 notice must include the total amount of the school corporation's |
---|
759 | 759 | | 22 expected need, the corresponding estimate for that amount divided by |
---|
760 | 760 | | 23 the number of students enrolled in the school corporation, and the date |
---|
761 | 761 | | 24 on which the governing body of the school corporation will vote on the |
---|
762 | 762 | | 25 resolution. The charter school must respond in writing to the school |
---|
763 | 763 | | 26 corporation, which may be by electronic mail addressed to the |
---|
764 | 764 | | 27 superintendent of the school corporation, at least fifteen (15) days |
---|
765 | 765 | | 28 prior to the date that the resolution described in subsection (a) is to be |
---|
766 | 766 | | 29 voted on by the governing body. If the charter school elects to not |
---|
767 | 767 | | 30 participate in the referendum, the school corporation may exclude |
---|
768 | 768 | | 31 distributions to the charter school under section 21 of this chapter and |
---|
769 | 769 | | 32 from the projection described in subsection (f). If the charter school |
---|
770 | 770 | | 33 elects to participate in the referendum, the charter school may receive |
---|
771 | 771 | | 34 distributions under section 21 of this chapter and must be included in |
---|
772 | 772 | | 35 the projection described in subsection (f). In addition, a charter school |
---|
773 | 773 | | 36 that elects to participate in the referendum under this subsection shall |
---|
774 | 774 | | 37 contribute a proportionate share of the cost to conduct the referendum |
---|
775 | 775 | | 38 based on the total combined ADM of the school corporation and any |
---|
776 | 776 | | 39 participating charter schools. |
---|
777 | 777 | | 40 (j) This subsection applies to a resolution described in subsection |
---|
778 | 778 | | 41 (a) for a county described in section 21(a) of this chapter that is |
---|
779 | 779 | | 42 adopted after May 10, 2023. At least thirty (30) days before the |
---|
780 | 780 | | 2025 IN 336—LS 6781/DI 110 19 |
---|
781 | 781 | | 1 resolution described in subsection (a) referendum submitted to the |
---|
782 | 782 | | 2 voters under this chapter is voted on by the governing body, public in |
---|
783 | 783 | | 3 a primary or general election, the school corporation that is pursuing |
---|
784 | 784 | | 4 the resolution referendum and any charter school that has elected to |
---|
785 | 785 | | 5 participate under subsection (i) shall post a referendum disclosure |
---|
786 | 786 | | 6 statement on each school's respective website that contains the |
---|
787 | 787 | | 7 following information: |
---|
788 | 788 | | 8 (1) The salaries of all employees employed by position within the |
---|
789 | 789 | | 9 school corporation or charter school listed from highest salary to |
---|
790 | 790 | | 10 lowest salary and a link to Gateway Indiana for access to |
---|
791 | 791 | | 11 individual salaries. |
---|
792 | 792 | | 12 (2) An acknowledgment that the school corporation or charter |
---|
793 | 793 | | 13 school is not committing any crime described in IC 35-44.1-1. |
---|
794 | 794 | | 14 (3) A link to the school corporation's or charter school's most |
---|
795 | 795 | | 15 recent state board of accounts audit on the state board of accounts' |
---|
796 | 796 | | 16 website. |
---|
797 | 797 | | 17 (4) The current enrollment of the school corporation or charter |
---|
798 | 798 | | 18 school disaggregated by student group and race. |
---|
799 | 799 | | 19 (5) The school corporation's or charter school's high school |
---|
800 | 800 | | 20 graduation rate. |
---|
801 | 801 | | 21 (6) The school corporation's or charter school's annual retention |
---|
802 | 802 | | 22 rate for teachers for the previous five (5) years. |
---|
803 | 803 | | 23 SECTION 15. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023, |
---|
804 | 804 | | 24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
805 | 805 | | 25 JANUARY 1, 2026]: Sec. 8.5. (a) A resolution to extend a referendum |
---|
806 | 806 | | 26 levy must be: |
---|
807 | 807 | | 27 (1) adopted by the governing body of a school corporation; and |
---|
808 | 808 | | 28 (2) approved in a referendum under this chapter; |
---|
809 | 809 | | 29 before December 31 of the final calendar year in which the school |
---|
810 | 810 | | 30 corporation's previously approved referendum levy is imposed under |
---|
811 | 811 | | 31 this chapter. |
---|
812 | 812 | | 32 (b) For a resolution adopted under this section after May 10, 2023, |
---|
813 | 813 | | 33 for a county described in section 21(a) of this chapter, the resolution |
---|
814 | 814 | | 34 must include the projected charter school distributions described in |
---|
815 | 815 | | 35 section 8(f) of this chapter and indicate the distributions to applicable |
---|
816 | 816 | | 36 charter schools in accordance with section 21 of this chapter. |
---|
817 | 817 | | 37 SECTION 16. IC 20-46-1-19.5, AS AMENDED BY P.L.189-2023, |
---|
818 | 818 | | 38 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
819 | 819 | | 39 JANUARY 1, 2026]: Sec. 19.5. (a) Subject to section 8(d) 8(c) of this |
---|
820 | 820 | | 40 chapter, if a referendum is approved by the voters in a school |
---|
821 | 821 | | 41 corporation under this chapter in a calendar year, another referendum |
---|
822 | 822 | | 42 may not be placed on the ballot in the school corporation under this |
---|
823 | 823 | | 2025 IN 336—LS 6781/DI 110 20 |
---|
824 | 824 | | 1 chapter in the following calendar year. |
---|
825 | 825 | | 2 (b) Notwithstanding any other provision of this chapter and in |
---|
826 | 826 | | 3 addition to the restriction specified in subsection (a), if a school |
---|
827 | 827 | | 4 corporation imposes in a calendar year a referendum levy approved in |
---|
828 | 828 | | 5 a referendum under this chapter, the school corporation may not |
---|
829 | 829 | | 6 simultaneously impose in that calendar year more than one (1) |
---|
830 | 830 | | 7 additional referendum levy approved in a subsequent referendum under |
---|
831 | 831 | | 8 this chapter. |
---|
832 | 832 | | 9 SECTION 17. IC 20-46-1-21 IS REPEALED [EFFECTIVE |
---|
833 | 833 | | 10 JANUARY 1, 2026]. Sec. 21. (a) This section applies to revenue |
---|
834 | 834 | | 11 received from a resolution that is approved by the governing body to |
---|
835 | 835 | | 12 impose a referendum levy under section 8 or 8.5 of this chapter after |
---|
836 | 836 | | 13 May 10, 2023, for a school corporation located in: |
---|
837 | 837 | | 14 (1) Lake County; |
---|
838 | 838 | | 15 (2) Marion County; |
---|
839 | 839 | | 16 (3) St. Joseph County; or |
---|
840 | 840 | | 17 (4) Vanderburgh County. |
---|
841 | 841 | | 18 (b) The county auditor in which the school corporation is located |
---|
842 | 842 | | 19 shall distribute an amount under subsection (d) to each charter school, |
---|
843 | 843 | | 20 excluding virtual charter schools or adult high schools, that a student |
---|
844 | 844 | | 21 who resides within the attendance area of the school corporation |
---|
845 | 845 | | 22 attends if the charter school elects to participate in the referendum |
---|
846 | 846 | | 23 under section 8(i) of this chapter. The department shall provide the |
---|
847 | 847 | | 24 county auditor with data and information necessary for the county |
---|
848 | 848 | | 25 auditor to determine: |
---|
849 | 849 | | 26 (1) which charter schools are eligible to receive a distribution |
---|
850 | 850 | | 27 under this section; and |
---|
851 | 851 | | 28 (2) the number of students who reside within the attendance area |
---|
852 | 852 | | 29 of the school corporation who are included in the ADM for each |
---|
853 | 853 | | 30 charter school, excluding virtual charter schools or adult high |
---|
854 | 854 | | 31 schools, described in subdivision (1). |
---|
855 | 855 | | 32 (c) The following schools are not eligible to receive a distribution |
---|
856 | 856 | | 33 under this section: |
---|
857 | 857 | | 34 (1) A virtual charter school. |
---|
858 | 858 | | 35 (2) An adult high school. |
---|
859 | 859 | | 36 (d) For the purposes of the calculations made in this subsection, |
---|
860 | 860 | | 37 each eligible school that has entered into an agreement with a school |
---|
861 | 861 | | 38 corporation to participate as a participating innovation network charter |
---|
862 | 862 | | 39 school under IC 20-25.7-5 is considered to have an ADM that is |
---|
863 | 863 | | 40 separate from the school corporation. The amount that the county |
---|
864 | 864 | | 41 auditor shall distribute to a charter school, excluding virtual charter |
---|
865 | 865 | | 42 schools or adult high schools, under this section is the amount |
---|
866 | 866 | | 2025 IN 336—LS 6781/DI 110 21 |
---|
867 | 867 | | 1 determined in the last STEP of the following STEPS: |
---|
868 | 868 | | 2 STEP ONE: Determine, for each charter school, excluding virtual |
---|
869 | 869 | | 3 charter schools or adult high schools, that is eligible to receive a |
---|
870 | 870 | | 4 distribution under this section, the number of students who reside |
---|
871 | 871 | | 5 within the attendance area of the school corporation who are |
---|
872 | 872 | | 6 currently included in the ADM of the charter school. |
---|
873 | 873 | | 7 STEP TWO: Determine the sum of: |
---|
874 | 874 | | 8 (A) the current ADM count for the school corporation; plus |
---|
875 | 875 | | 9 (B) total number of all students who reside within the |
---|
876 | 876 | | 10 attendance area of the school corporation who are currently |
---|
877 | 877 | | 11 included in the ADM of a charter school, excluding virtual |
---|
878 | 878 | | 12 charter schools or adult high schools. |
---|
879 | 879 | | 13 STEP THREE: Determine the result of: |
---|
880 | 880 | | 14 (A) the STEP ONE amount; divided by |
---|
881 | 881 | | 15 (B) the STEP TWO amount. |
---|
882 | 882 | | 16 STEP FOUR: Determine the result of: |
---|
883 | 883 | | 17 (A) the STEP THREE amount; multiplied by |
---|
884 | 884 | | 18 (B) the amount collected by the county auditor during the most |
---|
885 | 885 | | 19 recent installment period. |
---|
886 | 886 | | 20 SECTION 18. IC 20-46-8-11.2 IS REPEALED [EFFECTIVE |
---|
887 | 887 | | 21 JANUARY 1, 2026]. Sec. 11.2. (a) This section applies only to revenue |
---|
888 | 888 | | 22 collected after June 30, 2024, from a tax levy imposed under this |
---|
889 | 889 | | 23 chapter by a school corporation located in: |
---|
890 | 890 | | 24 (1) Lake County; |
---|
891 | 891 | | 25 (2) Marion County; |
---|
892 | 892 | | 26 (3) St. Joseph County; or |
---|
893 | 893 | | 27 (4) Vanderburgh County. |
---|
894 | 894 | | 28 However, this section does not apply to, and distributions are not |
---|
895 | 895 | | 29 required for, a school corporation that is designated as a distressed |
---|
896 | 896 | | 30 political subdivision under IC 6-1.1-20.3. |
---|
897 | 897 | | 31 (b) Beginning in calendar year 2025, and each year thereafter, and |
---|
898 | 898 | | 32 subject to subsections (c) and (h), the county auditor shall distribute, |
---|
899 | 899 | | 33 as provided under subsection (f), an amount of revenue received from |
---|
900 | 900 | | 34 a tax levy imposed by a school corporation under this chapter to each |
---|
901 | 901 | | 35 charter school that is eligible for a distribution under subsection (d) and |
---|
902 | 902 | | 36 as set forth in subsection (f). |
---|
903 | 903 | | 37 (c) The following schools are not eligible to receive a distribution |
---|
904 | 904 | | 38 under this section: |
---|
905 | 905 | | 39 (1) A virtual charter school. |
---|
906 | 906 | | 40 (2) An adult high school. |
---|
907 | 907 | | 41 (d) Not later than thirty (30) days before the date that the county |
---|
908 | 908 | | 42 auditor distributes money for a school corporation's operations fund (IC |
---|
909 | 909 | | 2025 IN 336—LS 6781/DI 110 22 |
---|
910 | 910 | | 1 20-40-18) under IC 6-1.1-27, the department, in consultation with the |
---|
911 | 911 | | 2 department of local government finance, shall determine the |
---|
912 | 912 | | 3 corresponding percentages of revenue received from the tax levy that |
---|
913 | 913 | | 4 must be distributed among the school corporation and each eligible |
---|
914 | 914 | | 5 charter school according to the following formula: |
---|
915 | 915 | | 6 STEP ONE: Determine each charter school that: |
---|
916 | 916 | | 7 (A) is located in the same county as the school corporation; |
---|
917 | 917 | | 8 and |
---|
918 | 918 | | 9 (B) provides not more than fifty percent (50%) virtual |
---|
919 | 919 | | 10 instruction for its students. |
---|
920 | 920 | | 11 STEP TWO: Determine, for each charter school described in |
---|
921 | 921 | | 12 STEP ONE, the number of students who: |
---|
922 | 922 | | 13 (A) have legal settlement within the school corporation; |
---|
923 | 923 | | 14 (B) are currently included in the fall ADM for the charter |
---|
924 | 924 | | 15 school; and |
---|
925 | 925 | | 16 (C) receive not more than fifty percent (50%) virtual |
---|
926 | 926 | | 17 instruction. |
---|
927 | 927 | | 18 STEP THREE: Determine the sum of: |
---|
928 | 928 | | 19 (A) the aggregate of the STEP TWO results for all applicable |
---|
929 | 929 | | 20 charter schools; plus |
---|
930 | 930 | | 21 (B) the fall ADM count for the school corporation for students |
---|
931 | 931 | | 22 receiving not more than fifty percent (50%) virtual instruction. |
---|
932 | 932 | | 23 STEP FOUR: For each charter school described in STEP ONE, |
---|
933 | 933 | | 24 determine the result of: |
---|
934 | 934 | | 25 (A) the applicable STEP TWO amount; divided by |
---|
935 | 935 | | 26 (B) the STEP THREE amount; |
---|
936 | 936 | | 27 expressed as a percentage. |
---|
937 | 937 | | 28 STEP FIVE: Determine the sum of all the amounts computed |
---|
938 | 938 | | 29 under STEP FOUR and subtract the result from one hundred |
---|
939 | 939 | | 30 percent (100%). |
---|
940 | 940 | | 31 (e) The department shall provide to the county auditor, immediately |
---|
941 | 941 | | 32 after calculation under subsection (d), and in the form prescribed by the |
---|
942 | 942 | | 33 county auditor: |
---|
943 | 943 | | 34 (1) each charter school determined under STEP ONE of |
---|
944 | 944 | | 35 subsection (d) and the charter school's corresponding percentage |
---|
945 | 945 | | 36 calculated under STEP FOUR of subsection (d); and |
---|
946 | 946 | | 37 (2) the percentage calculated under STEP FIVE of subsection (d) |
---|
947 | 947 | | 38 for the school corporation. |
---|
948 | 948 | | 39 (f) The county auditor shall distribute to the school corporation and |
---|
949 | 949 | | 40 each applicable charter school the amount determined in the last STEP |
---|
950 | 950 | | 41 of the following STEPS: |
---|
951 | 951 | | 42 STEP ONE: For each school corporation, determine a base |
---|
952 | 952 | | 2025 IN 336—LS 6781/DI 110 23 |
---|
953 | 953 | | 1 property tax levy amount calculated as: |
---|
954 | 954 | | 2 (A) the sum of the school corporation's operations fund |
---|
955 | 955 | | 3 property tax levies collected under this chapter in calendar |
---|
956 | 956 | | 4 years 2021, 2022, and 2023; divided by |
---|
957 | 957 | | 5 (B) three (3). |
---|
958 | 958 | | 6 STEP TWO: For each school corporation, determine an |
---|
959 | 959 | | 7 incremental property tax levy amount calculated as: |
---|
960 | 960 | | 8 (A) the school corporation's operations fund property tax levy |
---|
961 | 961 | | 9 collections for the current calendar year; minus |
---|
962 | 962 | | 10 (B) the school corporation's base property tax levy collections |
---|
963 | 963 | | 11 determined under STEP ONE. |
---|
964 | 964 | | 12 STEP THREE: For the school corporation and each applicable |
---|
965 | 965 | | 13 charter school, determine the result of: |
---|
966 | 966 | | 14 (A) the incremental amount determined under STEP TWO; |
---|
967 | 967 | | 15 multiplied by |
---|
968 | 968 | | 16 (B) the following percentage: |
---|
969 | 969 | | 17 (i) In the case of an applicable charter school, the charter |
---|
970 | 970 | | 18 school's percentage under STEP FOUR of subsection (d). |
---|
971 | 971 | | 19 (ii) In the case of the school corporation, the school |
---|
972 | 972 | | 20 corporation's percentage under STEP FIVE of subsection |
---|
973 | 973 | | 21 (d). |
---|
974 | 974 | | 22 (g) Before October 1, 2024, and before October 1 of each year |
---|
975 | 975 | | 23 thereafter, the department shall provide to each school corporation and |
---|
976 | 976 | | 24 each eligible charter school an estimate of the amount of property tax |
---|
977 | 977 | | 25 levy revenue the school corporation and charter school are expected to |
---|
978 | 978 | | 26 receive under this section. |
---|
979 | 979 | | 27 (h) In order to receive a distribution under this section, the |
---|
980 | 980 | | 28 governing body of an eligible charter school shall, before November 1, |
---|
981 | 981 | | 29 2024, and before November 1 of each year thereafter, adopt a budget |
---|
982 | 982 | | 30 for the school year. Not later than ten (10) days before its adoption, the |
---|
983 | 983 | | 31 budget must be fixed and presented to the charter board in a public |
---|
984 | 984 | | 32 meeting in the county in which the charter school is incorporated. A |
---|
985 | 985 | | 33 budget that is adopted under this subsection must be submitted to the |
---|
986 | 986 | | 34 charter authorizer for review and to the department of local government |
---|
987 | 987 | | 35 finance to be posted publicly on the computer gateway under |
---|
988 | 988 | | 36 IC 6-1.1-17-3. |
---|
989 | 989 | | 37 (i) Before April 1, 2025, and before April 1 of each year thereafter, |
---|
990 | 990 | | 38 the county auditor shall provide each school corporation and each |
---|
991 | 991 | | 39 eligible charter school the actual amount of property tax levy revenue |
---|
992 | 992 | | 40 the school corporation and charter school are expected to receive under |
---|
993 | 993 | | 41 this section. |
---|
994 | 994 | | 42 SECTION 19. IC 20-46-9-6, AS AMENDED BY P.L.162-2024, |
---|
995 | 995 | | 2025 IN 336—LS 6781/DI 110 24 |
---|
996 | 996 | | 1 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30, |
---|
997 | 997 | | 2 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL |
---|
998 | 998 | | 3 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND |
---|
999 | 999 | | 4 AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, |
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1000 | 1000 | | 5 2026]: Sec. 6. (a) Subject to this chapter, the governing body of a |
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1001 | 1001 | | 6 school corporation may adopt a resolution to place a referendum under |
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1002 | 1002 | | 7 this chapter on the ballot if the governing body of the school |
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1003 | 1003 | | 8 corporation determines that a referendum levy should be imposed for |
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1004 | 1004 | | 9 measures to improve school safety as described in IC 20-40-20-6(a) or |
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1005 | 1005 | | 10 IC 20-40-20-6(b). |
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1006 | 1006 | | 11 (b) Except as provided in section 22 of this chapter, A school |
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1007 | 1007 | | 12 corporation may, with the approval of the majority of members of the |
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1008 | 1008 | | 13 governing body, distribute a portion of the proceeds of a tax levy |
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1009 | 1009 | | 14 collected under this chapter that is deposited in the fund to a charter |
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1010 | 1010 | | 15 school, excluding a virtual charter school, that is located within the |
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1011 | 1011 | | 16 attendance area of the school corporation, to be used by the charter |
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1012 | 1012 | | 17 school for the purposes described in IC 20-40-20-6(a). |
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1013 | 1013 | | 18 (c) This subsection applies to a resolution described in subsection |
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1014 | 1014 | | 19 (a) that is adopted after May 10, 2023, in a county described in section |
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1015 | 1015 | | 20 22(a) of this chapter. A resolution shall specify that a portion of the |
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1016 | 1016 | | 21 proceeds of the proposed levy will be distributed to applicable charter |
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1017 | 1017 | | 22 schools in the manner described under section 22 of this chapter if the |
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1018 | 1018 | | 23 charter school voluntarily elects to participate in the referendum in the |
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1019 | 1019 | | 24 manner described in subsection (i). |
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1020 | 1020 | | 25 (d) This subsection applies to a resolution described in subsection |
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1021 | 1021 | | 26 (a) that is adopted after May 10, 2023, in a county described in section |
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1022 | 1022 | | 27 22(a) of this chapter. The resolution described in subsection (a) shall |
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1023 | 1023 | | 28 include a projection of the amount that the school corporation expects |
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1024 | 1024 | | 29 to be distributed to a particular charter school, excluding virtual charter |
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1025 | 1025 | | 30 schools or adult high schools, under section 22 of this chapter that |
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1026 | 1026 | | 31 elects to participate in the referendum under subsection (i). At least |
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1027 | 1027 | | 32 sixty (60) days before the resolution described in subsection (a) is |
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1028 | 1028 | | 33 voted on by the governing body, the school corporation shall contact |
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1029 | 1029 | | 34 the department to determine the number of students in kindergarten |
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1030 | 1030 | | 35 through grade 12 who have legal settlement in the school corporation |
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1031 | 1031 | | 36 but attend a charter school, excluding virtual charter schools or adult |
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1032 | 1032 | | 37 high schools, and who receive not more than fifty percent (50%) virtual |
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1033 | 1033 | | 38 instruction. The department shall provide the school corporation with |
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1034 | 1034 | | 39 the number of students with legal settlement in the school corporation |
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1035 | 1035 | | 40 who attend a charter school, which shall be disaggregated for each |
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1036 | 1036 | | 41 particular charter school, excluding a virtual charter school or adult |
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1037 | 1037 | | 42 high school. The projection may include an expected increase in |
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1038 | 1038 | | 2025 IN 336—LS 6781/DI 110 25 |
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1039 | 1039 | | 1 charter schools during the term the levy is imposed. The department of |
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1040 | 1040 | | 2 local government finance shall prescribe the manner in which the |
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1041 | 1041 | | 3 projection shall be calculated. The governing body shall take into |
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1042 | 1042 | | 4 consideration the projection when adopting the revenue spending plan |
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1043 | 1043 | | 5 under subsection (g). |
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1044 | 1044 | | 6 (e) (c) The governing body of the school corporation shall certify a |
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1045 | 1045 | | 7 copy of the resolution to the following: |
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1046 | 1046 | | 8 (1) The department of local government finance, including: |
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1047 | 1047 | | 9 (A) the language for the question required by section 9 of this |
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1048 | 1048 | | 10 chapter, or in the case of a resolution to extend a referendum |
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1049 | 1049 | | 11 levy certified to the department of local government finance, |
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1050 | 1050 | | 12 section 10 of this chapter; and |
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1051 | 1051 | | 13 (B) a copy of the revenue spending plan adopted under |
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1052 | 1052 | | 14 subsection (g). (e). |
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1053 | 1053 | | 15 The language of the public question must include the estimated |
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1054 | 1054 | | 16 average percentage increases certified by the county auditor under |
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1055 | 1055 | | 17 section 9(d) or 10(f) of this chapter, as applicable. The governing |
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1056 | 1056 | | 18 body of the school corporation shall also provide the county |
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1057 | 1057 | | 19 auditor's certification described in section 9(d) or 10(f) of this |
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1058 | 1058 | | 20 chapter, as applicable. The department of local government |
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1059 | 1059 | | 21 finance shall post the values certified by the county auditor to the |
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1060 | 1060 | | 22 department's website. The department shall review the language |
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1061 | 1061 | | 23 for compliance with section 9 or 10 of this chapter, whichever is |
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1062 | 1062 | | 24 applicable, and either approve or reject the language. The |
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1063 | 1063 | | 25 department shall send its decision to the governing body of the |
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1064 | 1064 | | 26 school corporation not more than ten (10) days after both the |
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1065 | 1065 | | 27 certification of the county auditor described in section 9(d) or |
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1066 | 1066 | | 28 10(f) of this chapter, as applicable, and the resolution is are |
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1067 | 1067 | | 29 submitted to the department. If the language is approved, the |
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1068 | 1068 | | 30 governing body of the school corporation shall certify a copy of |
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1069 | 1069 | | 31 the resolution, including the language for the question and the |
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1070 | 1070 | | 32 department's approval. |
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1071 | 1071 | | 33 (2) The county fiscal body of each county in which the school |
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1072 | 1072 | | 34 corporation is located (for informational purposes only). |
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1073 | 1073 | | 35 (3) The circuit court clerk of each county in which the school |
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1074 | 1074 | | 36 corporation is located. |
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1075 | 1075 | | 37 (f) Except as provided in section 22 of this chapter, (d) The |
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1076 | 1076 | | 38 resolution described in subsection (a) must indicate whether proceeds |
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1077 | 1077 | | 39 in the school corporation's fund collected from a tax levy under this |
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1078 | 1078 | | 40 chapter will be used to provide a distribution to a charter school or |
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1079 | 1079 | | 41 charter schools, excluding a virtual charter school, under |
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1080 | 1080 | | 42 IC 20-40-20-6(b) as well as the amount that will be distributed to the |
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1081 | 1081 | | 2025 IN 336—LS 6781/DI 110 26 |
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1082 | 1082 | | 1 particular charter school or charter schools. A school corporation may |
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1083 | 1083 | | 2 request from the designated charter school or charter schools any |
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1084 | 1084 | | 3 financial documentation necessary to demonstrate the financial need of |
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1085 | 1085 | | 4 the charter school or charter schools. |
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1086 | 1086 | | 5 (g) (e) As part of the resolution described in subsection (a), the |
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1087 | 1087 | | 6 governing body of the school corporation shall adopt a revenue |
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1088 | 1088 | | 7 spending plan for the proposed referendum tax levy that includes: |
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1089 | 1089 | | 8 (1) an estimate of the amount of annual revenue expected to be |
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1090 | 1090 | | 9 collected if a levy is imposed under this chapter; |
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1091 | 1091 | | 10 (2) the specific purposes described in IC 20-40-20-6 for which the |
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1092 | 1092 | | 11 revenue collected from a levy imposed under this chapter will be |
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1093 | 1093 | | 12 used; and |
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1094 | 1094 | | 13 (3) an estimate of the annual dollar amounts that will be expended |
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1095 | 1095 | | 14 for each purpose described in subdivision (2). and |
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1096 | 1096 | | 15 (4) for a resolution for a referendum that is adopted after May 10, |
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1097 | 1097 | | 16 2023, for a county described in section 22(a) of this chapter, the |
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1098 | 1098 | | 17 projected revenue that shall be distributed to charter schools as |
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1099 | 1099 | | 18 provided in subsection (d). The revenue spending plan shall also |
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1100 | 1100 | | 19 take into consideration deviations in the proposed revenue |
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1101 | 1101 | | 20 spending plan if the actual charter school distributions exceed or |
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1102 | 1102 | | 21 are lower than the projected charter school distributions described |
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1103 | 1103 | | 22 in subsection (d). The resolution shall include for each charter |
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1104 | 1104 | | 23 school that elects to participate under subsection (i) information |
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1105 | 1105 | | 24 described in subdivisions (1) through (3). |
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1106 | 1106 | | 25 (h) (f) A school corporation shall specify in its proposed budget the |
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1107 | 1107 | | 26 school corporation's revenue spending plan adopted under subsection |
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1108 | 1108 | | 27 (g) (e) and annually present the revenue spending plan at its public |
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1109 | 1109 | | 28 hearing on the proposed budget under IC 6-1.1-17-3. |
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1110 | 1110 | | 29 (i) This subsection applies to a resolution described in subsection |
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1111 | 1111 | | 30 (a) for a county described in section 22(a) of this chapter that is |
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1112 | 1112 | | 31 adopted after May 10, 2023. At least forty-five (45) days before the |
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1113 | 1113 | | 32 resolution described in subsection (a) is voted on by the governing |
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1114 | 1114 | | 33 body, the school corporation shall contact each charter school, |
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1115 | 1115 | | 34 excluding virtual charter schools or adult high schools, disclosed by the |
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1116 | 1116 | | 35 department to the school corporation under subsection (f) to determine |
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1117 | 1117 | | 36 whether the charter school will participate in the referendum. The |
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1118 | 1118 | | 37 notice must include the total amount of the school corporation's |
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1119 | 1119 | | 38 expected need, the corresponding estimate of that amount divided by |
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1120 | 1120 | | 39 the number of students enrolled in the school corporation, and the date |
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1121 | 1121 | | 40 on which the governing body of the school corporation will vote on the |
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1122 | 1122 | | 41 resolution. The charter school must respond in writing to the school |
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1123 | 1123 | | 42 corporation, which may be by electronic mail addressed to the |
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1124 | 1124 | | 2025 IN 336—LS 6781/DI 110 27 |
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1125 | 1125 | | 1 superintendent of the school corporation, at least fifteen (15) days |
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1126 | 1126 | | 2 prior to the date that the resolution described in subsection (a) is to be |
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1127 | 1127 | | 3 voted on by the governing body. If the charter school elects to not |
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1128 | 1128 | | 4 participate in the referendum, the school corporation may exclude |
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1129 | 1129 | | 5 distributions to the charter school under section 22 of this chapter and |
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1130 | 1130 | | 6 from the projection described in subsection (d). If the charter school |
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1131 | 1131 | | 7 elects to participate in the referendum, the charter school may receive |
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1132 | 1132 | | 8 distributions under section 22 of this chapter and must be included in |
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1133 | 1133 | | 9 the projection described in subsection (d). In addition, a charter school |
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1134 | 1134 | | 10 that elects to participate in the referendum under this subsection shall |
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1135 | 1135 | | 11 contribute a proportionate share of the cost to conduct the referendum |
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1136 | 1136 | | 12 based on the total combined ADM of the school corporation and any |
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1137 | 1137 | | 13 participating charter schools. |
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1138 | 1138 | | 14 (j) This subsection applies to a resolution described in subsection |
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1139 | 1139 | | 15 (a) for a county described in section 22(a) of this chapter that is |
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1140 | 1140 | | 16 adopted after May 10, 2023. At least thirty (30) days before the |
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1141 | 1141 | | 17 resolution described in subsection (a) referendum submitted to the |
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1142 | 1142 | | 18 voters under this chapter is voted on by the governing body, public in |
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1143 | 1143 | | 19 a primary or general election, the school corporation that is pursuing |
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1144 | 1144 | | 20 the resolution referendum and any charter school that has elected to |
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1145 | 1145 | | 21 participate under subsection (i) shall post a referendum disclosure |
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1146 | 1146 | | 22 statement on each school's respective website that contains the |
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1147 | 1147 | | 23 following information: |
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1148 | 1148 | | 24 (1) The salaries of all employees employed by position within the |
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1149 | 1149 | | 25 school corporation or charter school listed from highest salary to |
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1150 | 1150 | | 26 lowest salary and a link to Gateway Indiana for access to |
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1151 | 1151 | | 27 individual salaries. |
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1152 | 1152 | | 28 (2) An acknowledgment that the school corporation or charter |
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1153 | 1153 | | 29 school is not committing any crime described in IC 35-44.1-1. |
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1154 | 1154 | | 30 (3) A link to the school corporation's or charter school's most |
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1155 | 1155 | | 31 recent state board of accounts audit on the state board of accounts' |
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1156 | 1156 | | 32 website. |
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1157 | 1157 | | 33 (4) The current enrollment of the school corporation or charter |
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1158 | 1158 | | 34 school disaggregated by student group and race. |
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1159 | 1159 | | 35 (5) The school corporation's or charter school's high school |
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1160 | 1160 | | 36 graduation rate. |
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1161 | 1161 | | 37 (6) The school corporation's or charter school's annual retention |
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1162 | 1162 | | 38 rate for teachers for the previous five (5) years. |
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1163 | 1163 | | 39 SECTION 20. IC 20-46-9-7, AS AMENDED BY P.L.189-2023, |
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1164 | 1164 | | 40 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1165 | 1165 | | 41 JANUARY 1, 2026]: Sec. 7. (a) A resolution to extend a referendum |
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1166 | 1166 | | 42 levy must be: |
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1167 | 1167 | | 2025 IN 336—LS 6781/DI 110 28 |
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1168 | 1168 | | 1 (1) adopted by the governing body of a school corporation; and |
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1169 | 1169 | | 2 (2) approved in a referendum under this chapter; |
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1170 | 1170 | | 3 before December 31 of the final calendar year in which the school |
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1171 | 1171 | | 4 corporation's previously approved referendum levy is imposed under |
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1172 | 1172 | | 5 this chapter. |
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1173 | 1173 | | 6 (b) For a resolution adopted under this section after May 10, 2023, |
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1174 | 1174 | | 7 for a county described in section 22(a) of this chapter, the resolution |
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1175 | 1175 | | 8 must include the projected charter school distributions described in |
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1176 | 1176 | | 9 section 6(d) of this chapter and indicate the distributions to applicable |
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1177 | 1177 | | 10 charter schools in accordance with section 22 of this chapter. |
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1178 | 1178 | | 11 SECTION 21. IC 20-46-9-22 IS REPEALED [EFFECTIVE |
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1179 | 1179 | | 12 JANUARY 1, 2026]. Sec. 22. (a) This section applies to revenue |
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1180 | 1180 | | 13 received from a resolution that is approved by the governing body to |
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1181 | 1181 | | 14 impose a referendum levy under section 6 or 7 of this chapter after May |
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1182 | 1182 | | 15 10, 2023, for a school corporation located in: |
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1183 | 1183 | | 16 (1) Lake County; |
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1184 | 1184 | | 17 (2) Marion County; |
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1185 | 1185 | | 18 (3) St. Joseph County; or |
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1186 | 1186 | | 19 (4) Vanderburgh County. |
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1187 | 1187 | | 20 (b) The county auditor shall distribute an amount under subsection |
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1188 | 1188 | | 21 (d) to each charter school, excluding virtual charter schools or adult |
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1189 | 1189 | | 22 high schools, that a student who resides within the attendance area of |
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1190 | 1190 | | 23 the school corporation attends if the charter school, excluding virtual |
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1191 | 1191 | | 24 charter schools or adult high schools, elects to participate in the |
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1192 | 1192 | | 25 referendum under section 6(i) of this chapter. The department shall |
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1193 | 1193 | | 26 provide the county auditor with data and information necessary for the |
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1194 | 1194 | | 27 county auditor to determine: |
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1195 | 1195 | | 28 (1) which charter schools, excluding virtual charter schools or |
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1196 | 1196 | | 29 adult high schools, are eligible to receive a distribution under this |
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1197 | 1197 | | 30 section; and |
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1198 | 1198 | | 31 (2) the number of all students who reside within the attendance |
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1199 | 1199 | | 32 area of the school corporation who are included in the ADM for |
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1200 | 1200 | | 33 each charter school, excluding virtual charter schools or adult |
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1201 | 1201 | | 34 high schools, described in subdivision (1). |
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1202 | 1202 | | 35 (c) The following schools are not eligible to receive a distribution |
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1203 | 1203 | | 36 under this section: |
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1204 | 1204 | | 37 (1) A virtual charter school. |
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1205 | 1205 | | 38 (2) An adult high school. |
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1206 | 1206 | | 39 (d) For the purposes of the calculations made in this subsection, |
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1207 | 1207 | | 40 each eligible school that has entered into an agreement with a school |
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1208 | 1208 | | 41 corporation to participate as a participating innovation network charter |
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1209 | 1209 | | 42 school under IC 20-25.7-5 is considered to have an ADM that is |
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1210 | 1210 | | 2025 IN 336—LS 6781/DI 110 29 |
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1211 | 1211 | | 1 separate from the school corporation. The amount that the county |
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1212 | 1212 | | 2 auditor shall distribute to a charter school, excluding virtual charter |
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1213 | 1213 | | 3 schools or adult high schools, under this section is the amount |
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1214 | 1214 | | 4 determined in the last STEP of the following STEPS: |
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1215 | 1215 | | 5 STEP ONE: Determine, for each charter school, excluding virtual |
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1216 | 1216 | | 6 charter schools or adult high schools, that is eligible to receive a |
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1217 | 1217 | | 7 distribution under this section, the number of students who reside |
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1218 | 1218 | | 8 within the attendance area of the school corporation who are |
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1219 | 1219 | | 9 currently included in the ADM of the charter school. |
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1220 | 1220 | | 10 STEP TWO: Determine the sum of: |
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1221 | 1221 | | 11 (A) the current ADM count for the school corporation; plus |
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1222 | 1222 | | 12 (B) the total number of students who reside within the |
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1223 | 1223 | | 13 attendance area of the school corporation who are currently |
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1224 | 1224 | | 14 included in the ADM of a charter school, excluding virtual |
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1225 | 1225 | | 15 charter schools or adult high schools. |
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1226 | 1226 | | 16 STEP THREE: Determine the result of: |
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1227 | 1227 | | 17 (A) the STEP ONE amount; divided by |
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1228 | 1228 | | 18 (B) the STEP TWO amount. |
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1229 | 1229 | | 19 STEP FOUR: Determine the result of: |
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1230 | 1230 | | 20 (A) the STEP THREE amount; multiplied by |
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1231 | 1231 | | 21 (B) the amount collected by the county auditor during the most |
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1232 | 1232 | | 22 recent installment period. |
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1233 | 1233 | | 23 (e) If a charter school receives a distribution under this section, the |
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1234 | 1234 | | 24 distribution may be used only for the purposes described in |
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1235 | 1235 | | 25 IC 20-40-20-6(a). |
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1236 | 1236 | | 2025 IN 336—LS 6781/DI 110 |
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